Present: Vs. State of Punjab and Another - Court Judgment

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Court	Punjab and Haryana High Court
Decided On	Sep-18-2013
Appellant	Present:
Respondent	State of Punjab and Another

Excerpt:

.....of this document civil writ petition no.17991 of 2013 -2- petition with a direction to respondent no.2 to consider the claim of the petitioner and to take a final decision on the notice dated 28.2.2012, annexure p5, strictly in accordance with law and by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order. it is clarified that in case the claim of the petitioner is found covered under the judgment rendered by this court in kewal krishan kala (supra).it shall be open for the respondent- authorities to grant to the petitioner the benefit on notional basis and thereafter grant the revised pensionary benefits accruing thereupon. it shall also be open for the respondent-authorities to confine the benefit of arrears of revised pensionary benefits to a period of 38 months prior to the date of filing of the instant writ petition. petition disposed of. ( tejinder singh dhindsa ) september 18, 2013 judge sr.malik sushama rani 2013.09.19 15:44 i attest to the accuracy and integrity of this document

Judgment:

CIVIL WRIT PETITION No.17991 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL WRIT PETITION No.17991 of 2013 DATE OF DECISION: SEPTEMBER 18 2013 Ram Parshad Sharma .......Petitioner Versus State of Punjab and another .......Respondents CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA Present: Present Mr.Bikramjit Arora, Advocate for the petitioner.

TEJINDER SINGH DHINDSA, J.

The petitioner, who retired in the year 1995 while working as Social Studies Master under the Punjab State Education Department, has filed the instant writ petition for the grant of grade of `110-250 as admissible to him on the basis of qualifications possessed by him in the light of judgment dated 31.1.2009 passed by this Court in Civil Writ Petition No.1654 of 1993 titled as “Kewal Kewal Krishan Kala and others v.

State of Punjab and another”., another”.

Annexure P4.

Without making any observations as regards the merit of the claim, I deem it appropriate to dispose of the present writ Malik Sushama Rani 2013.09.19 15:44 I attest to the accuracy and integrity of this document CIVIL WRIT PETITION No.17991 of 2013 -2- petition with a direction to respondent No.2 to consider the claim of the petitioner and to take a final decision on the notice dated 28.2.2012, Annexure P5, strictly in accordance with law and by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order.

It is clarified that in case the claim of the petitioner is found covered under the judgment rendered by this Court in Kewal Krishan Kala (supra).it shall be open for the respondent- authorities to grant to the petitioner the benefit on notional basis and thereafter grant the revised pensionary benefits accruing thereupon.

It shall also be open for the respondent-authorities to confine the benefit of arrears of revised pensionary benefits to a period of 38 months prior to the date of filing of the instant writ petition.

Petition disposed of.

( TEJINDER SINGH DHINDSA ) September 18, 2013 JUDGE Sr.Malik Sushama Rani 2013.09.19 15:44 I attest to the accuracy and integrity of this document